Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Court File Number Carleton Court FC-2024-01 Press Esc to exit full screen at 161 Elgin Street, Ottay Court office address) Applicant(s) Full legal name &
Court File Number Carleton Court FC-2024-01 Press Esc to exit full screen at 161 Elgin Street, Ottay Court office address) Applicant(s) Full legal name & address for service - street & number, municipality postal awver's name & address - street & number, municipality posta code, telephone de fax numbers and e-mail address (if any). & fax numbers and e-mail address (if any). Donna Dovetail Respondent(s) Full legal name & address for service - street & number, municipality, postal Lawyer's name & address - street & number, municipality postal code, telephone code, telephone & fax numbers and e-mail address (if any). & fax numbers and e-mail address (if any). Roger Roody APPLICANT'S AFFIDAVIT DATED MARCH 5TH, 2024 1. I swear this Affidavit for the purpose of my motion to relocate my child, Moira Roodtail, and for no improper purposes. 2. I am the Applicant in this court case. I am 34 years old. My ex, Roger (the Respondent), is 34 years old as well. 3. We have a child - Moira Roodtail - who is 12 years old. Moira is a bright, capable, young child. 4. I am bringing this motion to relocate Moira. I have a desire to relocate away from Ottawa to Toronto. 5. Moira was born and was a happy healthy baby. Everyone always remarked when Moira was young that she had such a big smile. Moira is such a special child. That has been true of Moira ever since the day she was born and continues to be true to this day. 6. Over 150 days ago, I provided notice to the Respondent that I intended to move to Toronto. I provided him formal notice of my desire to move. I provided him the date of my move (June of 2024), my residence in Mississauga, and a detailed proposal of what the parenting plan would be. We would continue to make joint decisions about Moira and he would see Moira often around Christmas, March Break and extensively in the summer. 7. My ex has opposed the relocation of the move. He has provided me with a notice that indicates that he has three primary reasons for being opposed to the move: WWW.DIVORCEmate.comBlank Form (page 2) Court File Number FC-2024-01 a. He loves Moira and is closely bonded with her b. He does not think a move to Toronto is feasible: and c. He is not sure what Moira really thinks about the move 1o Toronto The Respondent detailed that he disagreed with the joint proposal because it would greatly impact his parenting time with Moira. T think it is incredibly important to note early on this key pivotal factor in this case. The Respondent has an OnlyFans page. This is an incredibly important factor for this court to consider. Someone who sells their body online is clearly not someone who can be trusted to make a decision about where Moira lives I think 1t s also important to note that I have never done anything wrong in my life. I am a very trustworthy person. [ would never start an OnlyFans page. Iam a Mormon. The Respendent is a Catholic 2. Moira really likes unicorns. I once was arrested for driving a stolen vehicle. I was sixteen vears old. I think it is important to mention this The Respondent and I were never married. This is the perfect time for Meira to move given her age and stage of development. Moira is 12 years old. She is undergoing significant change in her life as regards to her schooling and moving towards grade 9. Moira is not entirely satisfied with her current school right now and has expressed a desire to experience change. While I think Moira would be disappointed about the move, T do think that Moira is at the perfect age to be resilient about the move 16. It would be helpful to provide a history of our separation Blank Form (page 3) Court File Number FC-2024-01 The Respondent and T separated in 2020 when Moira was approximately 8 years old. We separated because the Respondent had an affair with me. In my opinion, he is a terrible human being who cannot be trusted and that 1s clear in the way he conducts himself. The Respondent is very into video games. He plays a lot of Fortnite and League of Legends. personally think this type of behavior 1s very immature and not appropriate. People die in those games. Moira does not need to know people to die. [ assume that would be very harmful for her to witness. Moira has lived half of the time with me and half of the time with the Respondent. More specifically, Moira spends one week with me and one week with the Respondent. The history of care has been relatively equal. However, there have been periods of time where I have had to rely upon the Respondent to take care of Moira during my time, often for entire month long periods. This lasted about 1 year in 2021. This is because I have had health issues regarding my heart. These health issues have been resolved. However, there is a history of equal care for both parents Neither myself nor the Respondent have found new partners post-separation. This is shocking. given how promiscuous the Respondent is. Iread on Facebook that someone heard that the Respondent has been arrested multiple times for marijuana possession prior to it being legalized. A criminal should never get to block their child from moving to Toronte. One time, when the Respondent was 20 vears old, I recall that he may have been involved in a gang. Someone once told me that they heard from their friend that he stole cars. This is incredibly scary When Moira was 8 vears old, she really liked music. I also really like music While we do have equal time with Motra, this only tells half of the story The Respondent is not fully involved in the life of Moira. The Respondent does not have a willingness to support the development and maintenance of Moira's life. Firstly, Moira does lots of activities - karate, hockey, and art in particular. These happen on several nights after school. Even on the weeks Blank Form (page 4) Court File Number FC-2024-01 that the Respondent has Moira, I am the parent who facilitates Moira attending these activities. The Respondent does not believe in extra-curricular activities and therefore [ am the person having to attend with Moira. The Respondent is not fully invelved in Moira's school life. Moira 1s now 12 vears old and 1n grade 7. Homework, friends are incredibly impertant. The Respendent does not really focus on these things. The Respondent is incredibly busy and rarely asks or supports Moira's friendship and school life. T do lots of catching up for Moira's scheol work 1n the weeks that T have Moira. Lastly, the Respondent does not really know a whele lot about Moira. Moira has told me several times that she does not feel like the Respondent pays attention to her when they are together. The Respondent has readily acknowledged that he does not know much about Moira, because he finds it difficult to connect with her at times This move. however, will be devastating on Moira. Moira and her father are very bonded. Even though he does not support her activities or her social life or her interest, they are bonded very closely. This will have a tremendous impact on Moira's life. T do think that she will be resilient - Moira has overcome a lot of adversity in her life. However. [ acknowledge that the impact will be profound on Moira's life. I do think that some of the benefits of the move will lessen the impact of these negative impacts on Moira's life. Moira's views and preferences are very strong and she is opposed to moving to Teronto because of how this would impact the relationship with her father. However, there are times that Moira does express that she is interested in a move. Her views and preferences are overall apposed to a move, but there are numerous times where she expresses a willingness to move and that this would be positive. However, more often than not, the view of the move is negative Moira has never gotten in trouble at school. She is such a lovely little girl. T also never got in trouble at school. It is my opinion that Moira does not get in trouble at school because of me. Blank Form (page 5) Court File Number FC-2024-01 31. Moira has no cultural/linguistic/religious/spiritual upbri actors that would favor move to Toronto or Ottawa. Moira hates clowns. I think there are more clowns in Ottawa than Toronto. When Moira was years old, she told me once that she hates raccoons and that if she ever saw a racoon, she would scream. I think the court should be aware of this. T am relocating for three major reasons. Firstly, I hate Ottawa. The Byward Market is boring: Westboro is too expensive; there are no places for me to go out and have fun. Tt is really stifling. I think it would be nice to move to Toronto so that [ could meet a new partner. [ think Moira would also like moving away from the hustle and bustle of the city, but I am not entirely sure. [ have never spoken to her about her thoughts about Ottawa being boring. Secondly. T am moving because Moira has virtually no support structure here in Ottawa. [ acknowledge me and my husband reside here in Ottawa, but all of our extended family live in Ottawa. We have struggled for vears for babysitting, assistance with Moira and connecting her with her extended family. Moira has three cousins on my side of the family that live in Toronto. She is incredibly close and bonded with them. She does connect by WhatsApp, but she is desiring to be closer with them. Her cousing also desire to be close with them. I also know that all of the Respondent's family is in Toronto. Thave facilitated the connection between her and her cousins, including the Respendent's nieces and nephews. When I visited her in Toronte, I brought her and the Respondent's nieces to the CN Tower and a Maple Leaf's game. The Respondent has likewise connected with my family when he has taken Moira to Toronto, including bringing my nieces and nephews with him to the Toronto Zoo. They laughed and had such a great time Lastly, Toronto has a much broader base for activities and cultural engagement for Moira. The Respondent has acknowledged this before. The Respondent acknowledges that there are better karate and art programs and extracurricular activities for Moira to participate in. However, he does ot value Blank Form (page 6) Court File Number FC-2024-01 her extracurricular activities. This, along with the closeness to her families, are the basis for my strong motivations for moving. There is ne history of family violence My proposal 1s very reasonable in consideration of the above. Firstly, 1t is clear that the Respondent is not very interested in the aspects of Moira's life. Moira needs to have a parent who is mterested in her life and the Respondent is not interested in her life. This will become even more important as Moira gets older and homework and friends become even more important. And while the Respondent does spend time with Moira, you have to remember that [ spend a great deal of time with her during the Respondent's week. In the summer, March Break and over Christmas break, she is not in school, or wolved in her social life, or enrolled in many activities. It would be the perfect time for the Respondent to take her, given that he has shown minimal mvolvement in these activities My proposal 1s unreasonable for a number of reasens. Moira does love her father and I think that it wall be really hard for Moira to deal with disconnecting. I also know that it would be very expensive for the Respondent to purchase a house in Toronto My proposal is reasonable however because the Respondent's family all lives there. They will continue to have involvement in Moira's life and continue the influence of the Respendent on Moira's life. My proposal is also reasonable because I believe that the Respondent's family in Toronto will actually help me out a lot. Tam a secretary. [ work at Giant Tiger's main headquarters. This is a hard working job and I believe teaches children about the importance of hard work. T work every single day and have large volumes of work. This is a really positive force to have on a child. The Respondent owns a bed and breakfast. That s not real work. You just clean rooms, own your own business, and feed people. Is that real work to teach people? I think it is clear what the court would say. Blank Form (page 7) Court File Number FC-2024-01 43. The nature and strength of the child's relationship is strong with both the Respondent and 1. However, [ do think that the nature and strength of the relationship I have with Moira is stronger as it pertains to the move. I support the key factors in her life. like school, her social life and extracurricular activities. While she loves her father and has a strong relationship, it is a different relationship. 44. I swear this Affidavit for the purpose of my motion and for no other improper purposes
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started